§ 18140. — 18140. (Amended by Stats. 2020, Ch. 286, Sec. 1.)

California § 18140.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Div.: 3.2.
• Title: 2.
• Part 6.: DIVISION 3.2. Gun Violence Restraining Orders
• Ch. 2.: CHAPTER 2. Temporary Emergency Gun Violence Restraining Order

Text

A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:
(a)
If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.
(b)
Serve the order on the restrained person, if the restrained person can reasonably be located.
(c)
File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.
(d)
Have the order entered into the
computer database system for protective and restraining orders maintained by the Department of Justice.

Legislative History

Amended by Stats. 2020, Ch. 286, Sec. 1. (AB 2617) Effective January 1, 2021.